Now that you have determined what type
of solid waste you generate, the next step will be to determine
if management of the waste is exempt from permitting.
But remember that the following requirements apply even if the
activity is exempt from permitting:
- You must still comply with the rules for proper waste
management (see subchapters C and H of 30 Texas Administrative Code (TAC) Chapter
335
;
- You remain subject to the restrictions detailed in 30 TAC §335.4, which are general prohibitions against
polluting the water, creating a nuisance, or endangering public
health and welfare.
- You might need to comply with notification
requirements in accordance with 30 TAC §335.6 and comply with associated waste
audits;
- You might still need to register
your activities and comply with associated waste audits;
Exemptions from the requirements for a permit fall into 6
general groups:
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us if you have any questions.
Conditionally Exempt Small Quantity Generators
See 30 TAC §335.2(e)
A permit is not required for the on-site storage of hazardous
waste by a conditionally exempt small quantity generator.
Conditionally exempt small quantity generators are described in 30 TAC Section §335.78.
The TCEQ may grant a
one-time 30 day extension to store hazardous waste without a
permit beyond the allowed accumulation time. Such extensions are
granted on a case-by-case basis if hazardous wastes must remain
on-site due to unforseen, temporary, and uncontrolled
circumstances.
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us if you have any questions.
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Farmers Disposing of Pesticides
See 30 TAC §335.41(d)(4)
A farmer may dispose of waste pesticides without a permit
provided that the waste pesticides were from his own use, and
provided that each emptied pesticide container is triple-rinsed,
and the pesticide residues are disposed of on his or her own farm
in a manner consistent with the disposal instructions on the
pesticide label.
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us if you have any questions.
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Less than 90-Day Storage
See 30 TAC §335.69(a)(1)
A permit is not required for the storage or processing of
hazardous waste generated on-site if the waste is stored in tanks,
in containers,in containment buildings, or on drip pads, provided
that storage is for less than 90 days, and that the unit meets the
requirements of 30 TAC §335.69.
A storage period of 180 days is allowed without a permit for a
small quantity generator as defined in 30 TAC §335.2. In the case where a small quantity
generator must transport his or her waste more than 200 miles for
disposal, a 270-day storage period is allowed without a permit.
The TCEQ may grant a
one-time 30 day extension to store hazardous waste without a
permit beyond the allowed accumulation time. Such extensions are
granted on a case-by-case basis if hazardous wastes must remain
on-site due to unforseen, temporary, and uncontrolled
circumstances.
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us if you have any questions.
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Flow-through Tanks
See 30 TAC §335.69
As of March 29, 1994, tanks with flow-through capabilities may
qualify for the less than 90-day accumulation time exemption. To
qualify for this exemption, the owner or operator must demonstrate
that the total operating volume of the tank is replaced every 90
days or less (i.e., retention time is less than or equal to 90
days). The tank must also meet certain restrictions regarding the
accumulation of solids in the tank.
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us if you have any questions.
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Addition of Absorbent Material in a Container
See 30 TAC §335.41 (d)(3)
A permit is not required for the addition of absorbent material
to waste in a container, or the addition of waste to absorbent
material in a container, provided that these actions occur at the
time the waste is first placed into the container. The requirements
for maintaining proper container condition and for ensuring
compatibility of waste with containers must be met.
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us if you have any questions.
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On-site Disposal of Non-Hazardous Industrial Solid Waste
See 30 TAC §335.2(d)(1)and (2)
No permit is required for the on-site storage, processing, or
disposal of industrial solid waste which is not hazardous waste, if
that waste was generated on-site.
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us if you have any questions.
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Certain Recycling Operations
See 30 TAC §335.24
A permit is not required for the management of industrial
recyclable materials described in 30 TAC §335.24.
The state and federal rules pertaining to the industrial waste
recycling exemption are complex, and a simple description of how
they apply is difficult to make. Only the recycling process itself
is exempt; storage and disposal of hazardous wastes are still
subject to permitting requirements.
See Can
I Recycle Some of My Industrial or Hazardous Wastes?
(RG-240) for more information.
If you have a process that meets these requirements fill out
Notification Form for Recycling Hazardous and Industrial Waste
and/or
Generator Notification Form for Recycling Hazardous or Industrial
Waste and send them to us at the address indicated on the
forms.
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us if you have any questions.
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Elementary Neutralization Units
See 30 TAC §335.41(d)(1)
A permit is not required for an elementary neutralization unit,
which is a device that is used for neutralizing wastes that are
hazardous only because they are corrosive. The unit must meet the
definition of a tank, tank system, container, transport vehicle, or
vessel as described in 40 CFR §260.10--Definitions and 30 TAC §335.1. This exemption also applies to
nonhazardous waste as stated in 30 TAC §335.2(d)(3).
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us if you have any questions.
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Wastewater Treatment Units
See 30 TAC §335.41(d)(1)
A permit is not required for a wastewater treatment unit, which
is a device that is part of a wastewater treatment facility that
has a wastewater discharge permit authorized through the Clean
Water Act. Please note that, in accordance with Senate Bill 1281 passed during the 79th
Legislative Session, a commercial industrial solid waste facility
discharging into a Publicly Owned Treatment Works will be required
to obtain a permit by June 1, 2006. Wastewater treatment units must
meet the definition of a tank. This exemption also applies to
nonhazardous waste as stated in 30 TAC §335.2(d)(3).
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us if you have any questions.
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Emergency Response Cleanup
See 30 TAC §335.41 (d)(2)
A permit is not required for treatment or containment activities
during the immediate response to: a discharge of a hazardous waste,
an imminent and substantial threat of a discharge of hazardous
waste, or a discharge of a material that, when discharged, becomes
a hazardous waste.
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us if you have any questions.
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Superfund Sites
See 30 TAC 335, Subchapter K (d)(2)
A RCRA permit is not needed for Superfund on-site cleanup
activities.
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us if you have any questions.
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Treatability Studies
See 30 TAC §335.2(d)(4) and (g)
No permit is required for the storage, processing, or disposal
of hazardous or nonhazardous waste that is generated or collected
for the purpose of conducting treatability studies. Hazardous
wastes are subject to the requirements of 40 CFR §261.4(e) and (f) which explain allowable quantities for
treatability study samples and describe what must be done with
these samples in order for the exemption to remain valid.
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us if you have any questions.
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Publicly Owned Treatment Works (POTW)
See 30 TAC §335.41 (c)
A waste permit is not required for a POTW. POTWs are systems
that are owned by a state or municipality and are used to treat
liquid waste—for example, a municipal wastewater treatment
plant. This exemption also applies to nonhazardous waste as stated
in 30 TAC §335.2(d)(6).
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us if you have any questions.
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Municipal and Solid Waste Management Facilities Who Also Manage
Hazardous Waste from a CESQG
See 30 TAC §335.41 (e)(2)
A hazardous waste permit is not required for the owner or
operator of a facility permitted, licensed, or registered by a
state to manage municipal or industrial solid waste, if the only
hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under 40 Code of Federal Regulations (CFR)
§261.5, which is entitled "Special requirements
for hazardous waste generated by conditionally exempt small
quantity generators."
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us if you have any questions.
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Totally Enclosed Treatment Facilities
See 30 TAC §335.41(b)
A permit is not required for a totally enclosed treatment
facility, which is a facility used for the treatment of hazardous
waste generated on-site and directly connected to an industrial
production process. These facilities must be constructed and
operated in a manner which prevents the release of any hazardous
waste or any constituent thereof into the environment during
treatment.
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us if you have any questions.
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Transfer Facilities
See 30 TAC §335.94
A permit is not required for the storage of manifested shipments
of hazardous waste in containers meeting the requirements of 40 CFR §262.30 (packaging requirements), provided storage
is for 10 days or less at a transfer facility that is properly
registered with the TCEQ.
Note: A transfer facility is not a satellite
storage facility. It is only a legitimate transfer facility if it
is used for temporary storage for waste which is in transit. This
exemption also applies to nonhazardous waste as stated in 30 TAC §335.2(d)(5).
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us if you have any questions.
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Certain Solid Waste Disposal Facilities
See 30 TAC §335.41 (e)(2)
A permit is not required for disposal facilities that handle
waste exclusively from conditionally exempt small quantity
generators.
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us if you have any questions.
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